South Africa Case Law

Comtech Networking Solutions CC v Director General of Department of Labour NO and Another (J2614/08)

Comtech Networking Solutions CC v Director General of Department of Labour NO and Another (J2614/08) [2009] ZALCJHB 89 (28 August 2009)

Court

Labour Court Johannesburg

Case number

J2614/08

Judge

Pillay D

The Labour Court found that the Department of Labour acted with bias and failed to provide the employer with a fair opportunity to respond to the employee's claims. The documentary evidence supported the employer's version regarding the June 2008 salary advance and the absence of a valid claim for September and October 2007. The Department of Labour lacked jurisdiction to order payment for claims older than 12 months under section 70(d) of the BCEA. The court held that the validity of the commission forfeiture clause could not be determined without further evidence and argument, and thus refe…

Source excerpt

• Basic Conditions Of Employment Act
• Compliance Order
• Unpaid Salary
• Commission Dispute
• Administrative Bias

Comtech Networking Solutions CC v Director General of Labour NO and Another (J2614/08)

Comtech Networking Solutions CC v Director General of Labour NO and Another (J2614/08) [2009] ZALC 87; (2010) 31 ILJ 600 (LC) (28 August 2009)

Court

Labour Court

Case number

J2614/08

Judge

Pillay D

The Labour Court upheld an appeal against a compliance order, dismissed salary claims as unfounded and time-barred, and sent the commission dispute back for reconsideration.

• Basic Conditions Of Employment Act
• Compliance Order
• Unpaid Salary
• Commission Dispute
• Administrative Bias
• Basic-conditions-of-employment-act